Alekha Thakur v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9150 of 2021 Alekha Thakur ....
Petitioner Mr.J.N. Panda, Advocate -versusState of Odisha ....
Opp. Party Mr.J.P. Patra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
11.03.2022 02.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Jaipatna P.S. Case No.364 of 2020 corresponding to C.T. Case No.48 of 2021 pending in the Court of learned Additional Sessions Judge, Dharamgarh for offence punishable under section 395 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Dharamgarh, which was rejected on 01.10.2021.
Learned counsel for the petitioner submitted
// 2 // that the petitioner Alekha Thakur is in judicial custody since 14.12.2020 and his earlier bail application in BLAPL No.901 of 2021 was rejected as per order dated 26.08.2021 on the ground that he was identified in the test identification parade. However, liberty was granted to the petitioner to renew the prayer for bail after examination of the identifying witnesses in the trial Court. Learned counsel further submitted that three identifying witnesses have already been examined as P.Ws.1, 2 and 3 and so far as P.Ws.1 and 2 are concerned, they have stated that the police has called them to the police station and also they had seen the accused persons prior to the test identification parade and P.W.3 has stated that he could not identify any of the accused persons as he could not recollect their faces.
It is contended that in view of such evidence, the sanctity of test identification parade is lost and three of the co-accused persons, namely, Ahir Nag, Gajindra Bihari and Kumbhanath Jagat have been released on bail by this Court in BLAPL No.5403 of 2021, BLAPL No.5291 of 2021 and BLAPL No.10521 of 2021 respectively and since the petitioner is similarly situated, the bail application of the petitioner may be favourably reconsidered.
// 3 // on record.
Learned counsel for the State opposed the prayer for bail.
Perused the evidence copies of the P.Ws.1, 2 and 3.
Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court, release of the co-accused persons on bail and further taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo